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Global Securities Litigation and Enforcement

Global Securities Litigation and Enforcement

Author: Pierre-Henri Conac; Martin Gelter
Publisher: Cambridge University Press
ISBN: 9781107108608
Published In: December 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Global Securities Litigation and Enforcement provides a clear and exhaustive description of the national regime for the enforcement of securities legislation in cases of misrepresentation on financial markets. It covers 29 jurisdictions worldwide, some of them are important although their law is not well known.

It will be an invaluable resource for academics and students of securities litigation, as well as for lawyers, policy-makers and regulators. The book also provides a comprehensive contribution debate on whether public or private enforcement is preferable in terms of development of securities markets.

It will appeal to those interested in the legal origins theory and in comparative securities law, and shows that the classification of jurisdictions within legal families does not explain the differences in legal regimes. While US securities law often serves as a model for international convergence, some of its elements, such as securities class actions, have not been adopted worldwide.

A decisive and unique debate on whether public or private enforcement is better in terms of development of securities markets.
Includes a description of public and private enforcement of securities law for prospectus and secondary misrepresentation on securities markets from 29 jurisdictions worldwide
Provides insights into the recent and numerous developments of securities litigation

Preface Pierre-Henri Conac and Martin Gelter

Part I. General report

1. Introduction Martin Gelter

Part II. The Americas

2. United States: The Protection of Minority Investors and Compensation of their Losses Franklin A. Gevurtz

3. Canada: The Protection of Minority Investors and the Compensation of their Losses Stéphane Rousseau

4. Brazil: The Protection of Minority Investors and Compensation for their Losses Viviane Muller Prado

5. Mexico: Toward Investor Protection in Global Capital Markets? The Promise and Challenges of Mexico's Securities Enforcement System Eugenio J. Cárdenas

Part III. European Union

6. Austria: Securities Litigation and Enforcement Martin Gelter and Michael Pucher

7. Finland: Protecting Minority Investors and Compensating their Losses Ville Pönkä

8. France: The Compensation of Investors' Losses for Misrepresentation on Financial Markets Pierre-Henri Conac

9. Germany: Liability for Incorrect Capital Market Information Dirk A. Verse

10. Greece: Public Enforcement and Civil Litigation in the Greek Paradigm of Minority Investor Protection Emmanuel P. Mastromanolis

11. Italy: The Protection of Minority Investors and the Compensation of their Losses Guido Ferrarini and Paolo Giudici

12. Netherlands: Protection of Investors and the Compensation of their Losses Loes Lennarts and Joti Roest

13. Poland: Investor Protection in the Polish Capital Market – Selected Issues Mariola Lemonnier

14. Portugal: The Legal Framework of the Portuguese Capital Market Paulo de Tarso Domingues

15. Romania: The Protection of Minority Investors and the Compensation of their Losses Gheorghe Buta

16. Spain: Minority Investors Protection in Spain: Civil Liability Remedies under Securities Law Mónica Fuentes Naharro

17. United Kingdom: A Confidence Trick: Ex Ante versus Ex Post Frameworks in Minority Investor Protection Iris H.-Y. Chiu

Part IV. Other European countries

18. Russia: Russian Capital Markets and Shareholder Litigation: Quo Vadis? Yuliya Guseva

19. Serbia: The Protection of Minority Investors and the Compensation of Their Losses Mirko Vasiljević, Jelena Lepetić and Jasna Vasiljević

Part V. The Middle-East

20. Israel: The Protection of Minority Investors and the Compensation of their Losses Uriel Procaccia

21. Turkey: The Protection of Minority Investors and the Compensation of Their Losses in Turkish Capital Markets Ferna İpekel Kayalı

Part VI. Africa

22. South Africa: Investor Protection Piet Delport

Part VII. The Indian Subcontinent

23. India: The Efficacy of India's Legal System as a Tool for Investor Protection Umakanth Varottil

24. Pakistan: Securities Litigation and Enforcement Syed Imad-ud-Din Asad and Rana Touseef Sami

Part VIII. East and Southeast Asia

25. China: Private Securities Litigation: Law and Practice Robin Hui Huang

26. Japan: The Protection of Minority Investors and the Compensation of their Losses Eiji Takahashi and Tatsuya Sakamoto

27. Malaysia: Protection of Minority Investors in the Capital Market: Public Enforcement and Shareholders' Litigation Aiman Nariman Mohd-Sulaiman

28. South Korea: Protection of Minority Investors in Capital Markets Kyung-Hoon Chun

29. Taiwan: Investor Protection in Taiwan's Capital Market Wang-Ruu Tseng

Part IX. Australia

30. Australia: The Protection of Investors and the Compensation for their Losses Olivia Dixon and Jennifer G. Hill

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